Publications

Submission to the House of Lords European Affairs Committee Inquiry on Dynamic Alignment

The Northern Ireland Human Rights Commission recommends that: 

2.18  the Committee ask the UK Government to undertake, with the EU, a review of monitoring and information-sharing mechanisms pursuant to the Windsor Framework, including Article 2, and publish the findings with any recommendations for improvement.

2.19  to facilitate compliance with the dynamic alignment obligation pursuant to Articles 2 and 13 of the Windsor Framework, the UK Government publish an annual report monitoring and providing detailed analysis of any proposed changes by the EU to the equality directives listed in Annex 1 and relevant CJEU case law.

2.20  the UK Government and EU undertake regular reviews of new EU equality and human rights laws to identify new measures to be considered for addition to Annex 1, as provided for under Article 13(4) of the Windsor Framework. Particular consideration should be given to alignment of standards across both jurisdictions on the island of Ireland, where these enhance rights.

3.13  the UK Government and EU agree and publish a robust and comprehensive framework for considering whether a new measure amends or replaces an existing one and commends the NIHRC’s approach in respect of the Annex 1 equality directives for consideration.

3.14  the Committee urges the UK Government to set out how it will ensure that NI law is updated to reflect those provisions of the EU Pay Transparency Directive and the EU directives on standards for equality bodies which amend or replace Annex 1 Equality Directives.

3.15  the Committee asks the UK Government to ensure that equality and human rights considerations are built in at all key stages when the ‘Stormont brake’ or the revised process under Windsor Framework Article 13(4) is engaged and that a human rights compliant approach is prioritised. 

4.7    the Committee ask the UK Government and EU officials to ensure ongoing, timely and structured engagement with NI civil society including equality and human rights stakeholders, on matters relating to Windsor Framework Article 2. This engagement should include those working on rights and equality on a cross-border basis.

4.9    the Committee ask the UK Government to provide details about how information on new EU legislative and policy developments of relevance to the Windsor Framework will be shared with NI stakeholders to facilitate the opportunity for engagement with those proposals at an early stage. 

4.12  the Committee urges the UK Government to undertake and publish early and detailed technical analysis of proposed EU law developments, including those of relevance to Windsor Framework Article 2, to facilitate effective parliamentary scrutiny of those developments.

4.13  the Committee consider whether there is early, detailed and effective scrutiny of proposed EU law developments relevant to the dynamic alignment obligations, including under Windsor Framework Article 2, within the UK parliamentary committee structure.

Note: This advice was provided to the European Affairs Committee on 5 May 2026 and predates the UK Supreme Court decision in Re Dillon [2026] UKSC 15 which was handed down on 7 May 2026. The NIHRC is currently considering this judgment in relation to the non-diminution commitment. The obligations arising under the Equality Directives listed in Annex 1 to the Windsor Framework are not addressed by the Dillon judgment.